A revocable living trust in Florida typically costs $1,500 to $3,000 for an individual and $2,500 to $5,000 for a married couple when drafted by an estate planning attorney. A comprehensive trust-based plan that also includes a pour-over will, durable power of attorney, healthcare surrogate designation, and Lady Bird Deed for real estate commonly runs $3,500 to $8,000.
That price range is wide because trust planning is not a document it is a strategy. A trust that is never funded does nothing. A trust built around the wrong structure costs a family more than no trust at all. Understanding what you are actually paying for, and what drives the price up or down, is the difference between an estate plan that works and one that only looks like it does.
This guide explains what a revocable living trust costs in Florida, what is included at each price point, how trust costs compare to the cost of probate, and what Florida families should know before choosing between a will and a trust.
How Much Does a Revocable Living Trust Cost in Florida? At a Glance
Here is what Florida families typically pay at each level of trust-based planning:
| Plan Type | Typical Cost | What Is Included |
|---|---|---|
| Individual revocable living trust (trust document only) | $1,500 to $3,000 | The trust agreement, trustee succession provisions, and distribution instructions. Does not include a will, power of attorney, or deed transfer. |
| Individual full trust plan | $2,500 to $4,500 | Trust agreement, pour-over will, durable power of attorney, healthcare surrogate designation, living will, and asset transfer instructions. |
| Married couple full trust plan | $3,500 to $7,000 | Coordinated trusts for both spouses with aligned distribution instructions, pour-over wills, powers of attorney, and healthcare surrogate designations. |
| Full trust plan with Lady Bird Deed | $4,000 to $8,000 | Everything above, plus a Lady Bird Deed that transfers real estate to named beneficiaries at death outside of probate. |
| DIY online trust (LegalZoom, Trust and Will, etc.) | $100 to $500 | A filled-in template with no legal review, no customization, and no guidance on funding. Rarely transfers assets correctly into the trust. |
At The Schoonover Law Firm, all trust-based plans are priced as a flat fee confirmed in writing before any work begins. The first consultation is free and includes a review of your current assets, family situation, and planning goals before any price is discussed.
What Is a Revocable Living Trust in Florida?
A revocable living trust is a legal arrangement where you transfer ownership of your assets into a trust that you control during your lifetime. You serve as your own trustee, manage the assets exactly as you do today, and can change or revoke the trust at any time. At your death, the assets inside the trust pass directly to your named beneficiaries without going through Florida’s probate court.
The word “revocable” is the key distinction from an irrevocable trust. Because you retain full control and can dissolve the trust at any time, the assets remain part of your taxable estate. The trade-off is simplicity and flexibility: a revocable trust gives you probate avoidance and incapacity protection without requiring you to permanently give up control of your property.
Florida law governs revocable trusts under the Florida Trust Code, Chapter 736 of the Florida Statutes. The requirements for a valid trust in Florida include a written agreement, a trustee, identifiable beneficiaries, and trust property. Unlike a will, a revocable living trust does not go through probate, does not become a public record, and takes effect the moment it is signed and funded, not at death.
What Does a Florida Revocable Living Trust Actually Include?
When an estate planning attorney prepares a revocable living trust in Florida, the document is one part of a larger set of coordinated tools. Understanding what each piece does explains why the cost of a complete trust plan is higher than a simple will.
The Trust Agreement
This is the core document. It names you as the initial trustee, names a successor trustee who takes over if you become incapacitated or die, identifies your beneficiaries and their shares, and sets the rules for how assets are managed and distributed. A well-drafted trust agreement also includes provisions for beneficiaries with special needs, spendthrift language for beneficiaries who cannot manage money, and instructions for what happens if a beneficiary dies before receiving their distribution.
The Pour-Over Will
A pour-over will works alongside the trust. It captures any asset that was not transferred into the trust before death and directs it into the trust so everything ultimately distributes according to the same set of instructions. Understanding whether you need a will if you have a trust in Florida makes clear why skipping the pour-over will is a mistake even when the trust is fully funded.
Durable Power of Attorney
A trust handles your assets, but it does not cover everything. Filing taxes, managing accounts held outside the trust, dealing with government agencies, and handling other financial matters during your incapacity all require a durable power of attorney. Without one, a family member must petition the court for guardianship, which typically takes 60 to 120 days and costs $3,000 to $8,000 in legal fees.
Healthcare Surrogate Designation and Living Will
These two documents address medical decisions. A healthcare surrogate designation names the person who makes medical decisions if you cannot speak for yourself. A living will states your wishes about life support and end-of-life care so your family never has to guess. Neither document is part of the trust itself, but both are essential to a complete plan.
Asset Transfer and Funding Instructions
A trust that has never been funded is a document, not a plan. Funding a revocable living trust in Florida means retitling your accounts, real estate, and other assets so they are owned by the trust. An estate planning attorney will walk you through exactly which assets need to be transferred and how, which is a step that online trust templates almost never address adequately.
What Affects the Cost of a Living Trust in Florida?
Several factors move the cost of a revocable living trust up or down from the typical range.
1. Whether It Is an Individual or Couple’s Plan
A trust plan for a married couple costs more than one for a single person because both spouses need coordinated trust agreements, pour-over wills, powers of attorney, and healthcare documents. The coordination itself is part of what you are paying for, especially in blended families where the surviving spouse’s rights and children from prior relationships must be carefully balanced. Families navigating that complexity should understand the specific issues that come up in estate planning for blended families in Florida before choosing a trust structure.
2. Complexity of the Estate
A trust for someone with one bank account, no real estate, and two beneficiaries is straightforward to draft. Complexity rises when the estate includes multiple properties, business interests, retirement accounts with specific beneficiary considerations, out-of-state assets, or beneficiaries with disabilities who need special needs trust provisions. Each layer of complexity adds drafting time and legal analysis.
3. Type of Trust Needed
A revocable living trust and an irrevocable trust are different tools with different costs and different purposes. Understanding the full comparison of revocable vs irrevocable trusts in Florida helps clarify which is right for your situation. Irrevocable trusts, which are used for Medicaid planning, estate tax reduction, and asset protection, cost more to draft and require more sophisticated legal analysis because the terms cannot be changed once the trust is executed.
4. Whether Real Estate Is Included
Transferring a Florida home into a revocable living trust, or setting up a Lady Bird Deed to pass the home outside of probate without a full trust, adds to the cost but also adds substantial value. A Lady Bird Deed alone typically costs $500 to $1,000 when added to a trust plan. Without it, real estate goes through probate regardless of what the trust says.
5. Hourly vs. Flat-Fee Attorney
An estate planning attorney who bills hourly at $300 to $500 per hour can easily generate $3,000 to $6,000 in fees for a complete trust plan, because trust drafting, client meetings, asset review, and the signing appointment all count as billable time. A flat-fee attorney gives you a fixed price before work begins. For a comprehensive trust-based plan, flat-fee pricing is almost always more predictable and usually more cost-effective.
Cost of Setting Up a Trust vs. Avoiding Probate
The most important number in the trust cost conversation is not the attorney’s fee. It is what your family pays if there is no trust.
Florida probate costs roughly 3% of your gross estate value in statutory attorney fees under Florida Statutes Section 733.6171. On a $400,000 estate, that is approximately $12,000 in fees alone, before court costs, personal representative fees, and the 9 to 18 months your family spends waiting. On a $600,000 estate, the fees reach $18,000. Everything filed in probate also becomes a public record, including the value of your assets and who receives them.
| Estate Value | Estimated Probate Cost | Estimated Probate Timeline | Full Trust Plan Cost | Net Family Savings |
|---|---|---|---|---|
| $300,000 | $9,000 to $12,000 | 9 to 18 months | $3,500 to $6,000 | $3,000 to $8,500 |
| $500,000 | $15,000 to $20,000 | 9 to 18 months | $4,000 to $7,000 | $8,000 to $16,000 |
| $750,000 | $22,500 to $30,000 | 12 to 24 months | $5,000 to $8,000 | $14,500 to $25,000 |
| $1,000,000 | $30,000 to $40,000 | 12 to 24 months | $5,500 to $9,000 | $21,000 to $34,500 |
These figures assume a smooth, uncontested probate. A contested estate, a missing beneficiary, or an asset that was titled incorrectly adds both time and cost. Families who want to understand the full scope of what administration looks like on both sides should compare probate vs trust administration in Miami before deciding which path is right for their situation.
Living Trust vs. Will Cost in Florida
A will costs less upfront than a trust. A simple attorney-drafted will in Florida runs $300 to $600, compared to $1,500 to $3,000 for a revocable living trust. The question is what each document actually costs your family when it is used.
| Factor | Will | Revocable Living Trust |
|---|---|---|
| Upfront attorney cost | $300 to $600 (individual) | $1,500 to $3,000 (individual) |
| Probate required? | Yes. All assets titled in your name go through probate court. | No. Assets held in the trust pass directly to beneficiaries. |
| Cost to family at death | 3% of estate value in statutory attorney fees, plus court costs, plus 9 to 18 months of waiting. | Trust administration is typically completed in 60 to 90 days with no court involvement. |
| Privacy | Will becomes a public record in probate court. | Trust remains private. No public record of assets or beneficiaries. |
| Incapacity protection | None during your lifetime. A will has no effect until death. | The successor trustee steps in immediately if you become incapacitated, with no court involvement. |
| Out-of-state property | Requires a separate ancillary probate in each state where you own real estate. | Assets titled in the trust avoid ancillary probate in any state. |
| Best for | Simple estates with modest assets and no real estate. | Homeowners, families with multiple assets, and anyone who wants to avoid probate and protect privacy. |
Most Florida estate plans that involve real estate benefit from a trust rather than a will alone. The higher upfront cost of a trust is almost always recovered in full through what the family saves in probate fees, timelines, and court costs. Florida families who are still deciding should understand how to avoid probate in Florida before choosing between the two approaches.
Can I Do My Own Living Trust in Florida?
Yes, Florida law allows you to create your own revocable living trust. Online platforms such as LegalZoom and Trust and Will offer trust templates for $100 to $500. Whether a DIY trust actually protects your family is a different question.
The most common problem with DIY trusts is not the document itself. It is funding. A trust that is never properly funded, meaning your assets are never titled in the trust’s name, provides none of the probate avoidance it was supposed to create. Your family ends up with both a trust document and a probate proceeding, paying for two sets of legal work instead of one.
DIY trusts also tend to fail in situations with any complexity. A blended family, a beneficiary with a disability, a vacation home in another state, a business interest, or an IRA with specific beneficiary designation issues are all cases where a template provides no meaningful guidance and where the wrong answer has real financial consequences for the people you are trying to protect.
For a single adult with one bank account, no real estate, and straightforward beneficiaries, a DIY trust may work if it is properly funded. For most Florida families, the cost of getting it wrong is higher than the cost of getting it right the first time.
Cost Comparison: Types of Trusts in Florida
A revocable living trust is one of several trust structures used in Florida estate planning. Each has a different purpose, different cost, and different tax and legal implications.
| Trust Type | Typical Cost | Purpose | Revocable? |
|---|---|---|---|
| Revocable living trust | $1,500 to $3,000 | Avoids probate, provides incapacity protection, keeps assets private. You retain full control during your lifetime. | Yes |
| Irrevocable trust (general) | $2,500 to $5,000 | Removes assets from your taxable estate. Used for estate tax planning and asset protection. You give up control permanently. | No |
| Special needs trust | $3,000 to $6,000 | Holds assets for a beneficiary with a disability without disqualifying them from government benefits such as Medicaid or SSI. | Typically no |
| Medicaid asset protection trust | $3,500 to $7,000 | Transfers assets out of your estate to protect them from Medicaid estate recovery while preserving eligibility for benefits. Must be established 5 years before a Medicaid application. | No |
| Testamentary trust | Included in will cost ($500 to $1,500) | Created inside a will and funded at death. Goes through probate. Used to manage assets for minor children or beneficiaries who should not receive a lump sum. | N/A (takes effect at death) |
Florida families concerned about long-term care costs should understand that a revocable living trust does not protect assets from Medicaid estate recovery. Assets in a revocable trust remain countable for Medicaid eligibility purposes and are subject to recovery after death. Families who want Medicaid protection need a different trust structure, and understanding Medicaid estate recovery in Florida explains what is actually at risk.
Florida Living Trust Laws: What You Need to Know
Florida’s revocable living trust requirements are governed by the Florida Trust Code under Chapter 736 of the Florida Statutes. Key requirements and considerations include the following.
A Florida revocable living trust must be in writing and signed by the settlor (the person creating the trust) in the presence of two witnesses and a notary. Unlike a will, which also requires two witnesses, a trust does not go through probate court and is not filed publicly after the settlor’s death.
Florida’s homestead laws interact with trust planning in ways that catch many families off-guard. Florida’s homestead protections apply to your primary residence, but transferring that home into a trust requires careful handling to preserve both the homestead exemption and the Save Our Homes cap. An estate planning attorney will handle the deed transfer in a way that preserves all applicable tax benefits.
A successor trustee takes over immediately when you become incapacitated or die, with no court involvement and no delay. Choosing a successor trustee in Florida is one of the most important decisions in the trust planning process. The wrong choice creates conflict; the right choice makes administration simple.
When you die, the trust does not automatically end. Understanding what happens to a trust when you die in Florida helps both you and your beneficiaries know what to expect. The successor trustee gathers assets, pays any valid debts, and distributes the trust property to beneficiaries according to the trust’s terms, all without court supervision.
Living Trust Lawyer Fees in Florida: What to Ask
When comparing estate planning attorneys for trust drafting, the right questions are as important as the prices.
Ask Whether the Fee Is Flat or Hourly
A trust plan billed hourly at $300 to $500 per hour can grow significantly beyond the initial estimate once revisions, phone calls, and funding guidance are included. A flat fee is almost always more predictable. At The Schoonover Law Firm, every trust plan is priced as a flat fee confirmed in writing before any work begins.
Ask What the Fee Includes
A trust attorney’s fee should cover the trust agreement, all supporting documents (pour-over will, powers of attorney, healthcare documents), the signing appointment, and basic asset transfer instructions. If funding guidance, deed preparation, or the signing appointment are billed separately, the headline price is not the full cost.
Ask Whether the Attorney Will Review Your Assets
A trust built without a review of your current assets, beneficiary designations, and account titling is incomplete by design. The attorney should review what you own, how it is titled, and what beneficiary designations exist on retirement accounts and life insurance before recommending a structure. How beneficiary designations work in Florida is part of what a complete trust review covers, because a trust cannot capture assets that pass by beneficiary designation outside of the trust.
Ask About Incapacity Planning
A trust handles your assets if you become incapacitated, but it does not cover everything. A durable power of attorney handles financial matters outside the trust. A healthcare surrogate handles medical decisions. Understanding the difference between a healthcare surrogate and a durable power of attorney is important because both are needed alongside the trust, and a complete estate plan always includes them.
Frequently Asked Questions
How much does a living trust cost in Florida?
A revocable living trust in Florida costs $1,500 to $3,000 for an individual and $2,500 to $5,000 for a married couple when prepared by an estate planning attorney. A complete trust-based plan that also includes a pour-over will, durable power of attorney, healthcare surrogate designation, and Lady Bird Deed for real estate typically runs $3,500 to $8,000. Online DIY trust templates cost $100 to $500 but rarely address funding correctly.
How much is a living trust in Florida?
Expect to pay $1,500 to $3,000 for an individual revocable living trust at a Florida estate planning attorney. A couple’s coordinated trust plan runs $2,500 to $5,000. A full plan with all supporting documents and real estate deed work runs $3,500 to $8,000 at most Florida firms.
What is a living trust in Florida?
A revocable living trust in Florida is a legal document that holds your assets during your lifetime and transfers them directly to your named beneficiaries at death without going through probate court. You control the trust as your own trustee and can change or revoke it at any time. A successor trustee takes over automatically if you become incapacitated or die, with no court involvement required.
What is the average cost of a living trust in Florida?
The average cost of an individual revocable living trust in Florida is $1,500 to $3,000 for the trust document alone and $2,500 to $4,500 for a complete plan with all supporting documents. A married couple’s full trust plan averages $3,500 to $7,000. These prices assume flat-fee billing from an estate planning attorney.
Does a revocable living trust avoid probate in Florida?
Yes, but only for assets that are properly titled in the trust’s name. A funded revocable living trust passes those assets directly to beneficiaries without going through probate court. Assets that remain in your personal name at death, and are not covered by a Lady Bird Deed or beneficiary designation, still go through probate regardless of what the trust says.
Can I do my own living trust in Florida?
Yes. Florida law allows anyone to create their own trust. Online platforms offer trust templates for $100 to $500. The most common problem is not the document but the funding: a trust that is never properly funded provides no probate avoidance. DIY trusts also do not provide legal guidance on blended families, beneficiaries with special needs, or asset titling issues that can undermine the trust’s purpose.
How does a living trust work in Florida?
You create the trust, transfer your assets into it, and serve as your own trustee. You manage those assets exactly as you do today. If you become incapacitated, your named successor trustee takes over without court involvement. At your death, the successor trustee distributes the trust assets to your beneficiaries according to the trust’s terms, again without going through probate court.
What is the cost of setting up a trust vs. avoiding probate in Florida?
A full trust-based plan in Florida typically costs $3,500 to $8,000. Florida probate costs roughly 3% of your estate’s gross value in statutory attorney fees, plus court costs and typically 9 to 18 months of delay. On a $500,000 estate, probate fees alone reach $15,000 to $20,000. For most Florida homeowners, the trust pays for itself many times over in what it saves the family at death.
What is the difference between a revocable and irrevocable trust in Florida?
A revocable living trust gives you full control during your lifetime and can be changed or cancelled at any time, but the assets remain part of your taxable estate. An irrevocable trust permanently removes assets from your estate, which can protect them from creditors and Medicaid estate recovery and reduce estate taxes, but you give up control over those assets. Revocable trusts are used for probate avoidance and incapacity planning; irrevocable trusts are used for asset protection and Medicaid planning.
How much does a living trust cost compared to a will in Florida?
A simple will costs $300 to $600 upfront. A revocable living trust costs $1,500 to $3,000 upfront. However, a will requires probate at death, which costs roughly 3% of your estate’s value in attorney fees and takes 9 to 18 months. A properly funded trust requires no probate, saves those fees entirely, and distributes assets in 60 to 90 days. For most Florida homeowners, the trust is the less expensive option when the full lifetime cost is considered.
Do I still need a will if I have a living trust in Florida?
Yes. Even a fully funded trust should be paired with a pour-over will. The pour-over will captures any asset that was not transferred into the trust before death and directs it into the trust so everything distributes according to the same instructions. The pour-over will also names a guardian for minor children, which the trust itself cannot do. A will that works alongside a trust is a standard part of any complete Florida estate plan.
How long does it take to set up a living trust in Florida?
Working with an estate planning attorney, a revocable living trust is typically drafted, reviewed, and executed within 2 to 4 weeks. Funding the trust, which means transferring assets into the trust’s name, can take an additional 2 to 8 weeks depending on the number of accounts and properties involved. The total process from first consultation to a fully funded trust usually takes 4 to 10 weeks.
Does a living trust protect assets from Medicaid in Florida?
No. A revocable living trust does not protect assets from Medicaid. Because you retain control and can revoke the trust at any time, the assets are counted as yours for Medicaid eligibility purposes and are subject to Medicaid estate recovery after death. Medicaid asset protection requires an irrevocable trust established at least five years before a Medicaid application. Florida families concerned about long-term care costs should plan specifically for that risk rather than assuming a revocable trust addresses it.
Work With a Florida Estate Planning Attorney
A revocable living trust is one of the most powerful tools available to Florida families, but only when it is properly drafted, correctly funded, and coordinated with the rest of your estate plan. The planning decisions you make today directly shape how smoothly the estate administration process goes for the people you leave behind.
For Florida homeowners, a trust paired with a Lady Bird Deed and a properly funded revocable living trust is often the most cost-effective plan available when the full cost of probate is factored in. A review of your current assets, account titling, and beneficiary designations on the first call is free, and it costs far less than discovering a gap after the fact.
If you are also concerned about long-term care costs, Medicaid estate recovery in Florida can undo years of careful planning if the right trust structure is not in place. A complete review covers whether your current documents and asset titling work together the way they are supposed to.
Call (305) 299-7496 or email info@estateplanningattorney.us to schedule a free initial consultation. Phone and Zoom appointments are available Monday through Sunday, 8:00 AM to 9:00 PM.
The Schoonover Law Firm, P.A. | 6303 Waterford District Drive, Suite 400, Miami, FL 33126 | Florida Bar #124081
